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Home My WebLink AboutReso 99-034 - Intention to vacate portions of Westside Rd & Canyon Creek Rd, (A-1-98) ., �'� ,._ - "' . . r � • RESOLUTION NO. 99-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO VACATE PORTIONS OF WESTSIDE ROAD AND CANYON CREEK ROAD, GENERALLY LOCATED SOUTH OF THEIR INTERSECTION WITH BLTENAVENTURA BOULEVARD (A-1-98). WHEREAS: A. Except for a portion of Canyon Creek Road deeded to the City by G. E. Oaks in 1963, those portions of the Westside Road right-of-way and the Canyon Creek Road right-of-way generally located south of their intersection with Buenaventura Boulevard, as more particularly described in Exhibit A and shown crosshatched on Exhibit B attached and made a part hereof, hereafter called "Areas of Abandonment," were acquired by succession from the County of Shasta. B. In order to accommodate the realignment of Westside Road (the Westside Road Realignment Project), the Areas of Abandonment must be vacated. C. The Director of Public Works has investigated the proposed vacation, and has advised the Ciry Council that upon completion of the Westside Road realignment south of Buenaventura Boulevard and west of its current location, and subject to the conditions hereinafter set forth, the Areas of Abandonment will no longer be required for street right-of-way. D. The Planning Commission of the City of Redding held a public hearing regarding the proposed vacation, and at the conclusion of the hearing recommended that, subject to the conditions hereinafter set forth, the Areas of Abandonment be vacated. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The City Council elects to proceed in this matter under the provisions of the Public Streets, Highways and Service Easements Vacation Law as set farth in Section 8300, et seq., of the Streets and Highways Code of the State of California, with the provision that this resolution shall be deemed a Resolution of Intention. 3. When the realignment of Westside Road south of Buenaventura Boulevard is completed, the proposed Areas of Abandonment will not be needed for street right-of-way. Therefore, the City Council intends to and hereby declares its intention to vacate those portions of the Westside Road right-of-way and the Canyon Creek Road right-of-way generally located south of their intersection with Buenaventura Boulevard, as described and shown in Exhibits A and B attached hereto (Areas of Abandonment), PROVIDED THAT this vacation shall not become effective until the following � conditions have been satisfied: � (a) Completion of the realignment of Westside Road south of the intersection of Buenaventura � Boulevard, consisting of a 40-foot-wide paved street section or as otherwise specified by the �Q I � . � r . � • � City Traffic Engineer. Improvements shall include construction of curb and gutter with sidewalk on the south side of the roadway only. (b) Reservation of a publio-service easement over the entire Areas of Abandonment as necessary to preserve rights-of-way for existirig public utilities. (c) Construction of a median in Buenaventura Boulevard from its intersection of Railroad Avenue to Highway 273. (d) Access to the existing parcel at the intersection of the abandonment area of Canyon Creek Road and Westside Road to be limited to one 40-foot-wide commercial driveway located at the west property line or in a location approved by the Public Works Department, unless a common access with the parcel to the west has previously been approved with a discretionary permit. (e) Construction of curb, gutter, and any necessary tie-in paving along the Buenaventura Boulevard frontage of the abandonment area to the right-of-way of Highway 273. 4. All persons interested in or objecting to the proposed vacation will be heard on Tuesday, April 6, 1999, at the hour of 7 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 1313 California Street, Redding, California. 5. The Director of Public Works is hereby instructed to post or cause to be conspicuously posted notices of vacation along the Areas of Abandonment proposed to be vacated, as set forth in Section 8323 of the Streets and Highways Code. The notices shall set forth the adoption of this resolution of intention, and the date, hour and place of the hearing as hereinabove set forth. At least three such notices shall be posted in the manner set forth above, and the posting of the notices shall be completed at least two weeks prior to the date of the hearing. 6. The City Clerk shall certify to the passage and adoption of this resolution of intention, and cause the same to be published once in a newspaper of general circulation in the City of Redding at least 15 days before the date set for the public hearing of protests to the aforesaid proposed vacation. I HEREBY CERTIFY that the foregoing resolution was introduced, read and adopted at a regular meeting of the City Council on the 2nd day of March, 1999, by the following vote: AYES: COUNCILMEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson NOES: COUNCIL MEMBERS: None ABSENT: COiJNCIL MEMBERS: None ABSTAIN: COtJNCIL MEMBERS: None � °�/ R ER C. ANDERSON, Mayor Attest: Forni Approved: ,%�.t��.i�c � Connie Stroh ayer, City er . Leonard Wingate, Ciry Att rney 2 .. . . � .,� a � • EXHIBIT A PARCELA That portion of Section 20 of the P.B. Reading Grant as shown on map recorded in Book 8 of Land Surveys at page 20, Shasta County Records, described as follows: Beginning at the northeast corner of the parcel described in deed recorded in Book 275 of Official Records at page 150;thence along the northerly line thereof S 84° 36' 53"W, 56.04 feet to the point of beginning; thence N 7° 30' W, 171.64 feet; thence N 24° 10'33" W, 98.52 feet; thence N 40° 49' 05" W, 67.19 feet; thence S 82° 28' 00" W, 51.00 feet to the section line common to Sections 15 and 20 of the P.B. Reading Grant; thence on and along said line S 42° 29' 30" W, 73.37 feet; thence N 7° 30' W, 43.48 feet to the southeasterly line of Parcel 3 as shown on map recorded in Book 21 of Parcel Maps at page 90; thence on and along said parcel line N 42° 29' 30" E, 78.89 feet to the southerly right-of-way line of Buenaventura Boulevard as shown on map recorded in Book 32 of Parcel Maps at page 75; thence on and along said line northeasterly to the westerly line of State Highway right-of-way; thence S 7° 30' E, 333.50 feet to the point of beginning. PARCEL B Together with the following described lands; bounded on the north by the easterly extension of the southerly boundary (N 85° 12' 04" E) of parcel 5 as shown on the map filed for record on April 27, 1998 in Book 32 of Parcel maps at page 75, said County. Bounded on the east by the westerly boundary of State Route 273 (S 7° 30' 00" E). Bounded on the south by the northerly right-of-way line of the future alignment of Westside Road as shown on above said map (32 PM 75) and bounded on the west by the southerly extension of the westerly boundary (S 7° 38' 14" E) of said Parcel 5. Excepting therefrom any portion thereof which lies easterly of the westerly line of the lands described in the relinquishment of State Highway right-of-way recorded February 11, 1963, in Book 733 of Official Records at page 441, said County. Also excepting therefrom any interest in said roadway for the purpose of existing,utilities. , .. . . . ! � �oPos� ABANDONMENT � Q Q � � �1 � � --G N v j W / r l � % /�E��E-�-��/��-��lf} � i %' 1 �Q �08-�8�-Q� 4200 G��•``� C�As 3TATION �o�' P� �' VACANT 8111LDMG � gTAT10N 108-080-02 Np.3 4210 108-080-03 VET.CL�IIC 4220 CANYON y�<<�W 108-080-04 �RfEK 4230 � � � N � 0 So"R�E: GIS DIVISION �o�,,T s��a�r EXHIBIT 'B° — AREA OF ABANDONMENT ITEM: ° 50 '°° 150 AB-1-98 FEET owc. No: oATE: ABANDONMENT OF A PORTION OF ATTACHMENT: P:�BN98NG\ MARCH 2, 1999 CANYON CREEK ROAD & WESTSIDE ROAD